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Kevin W. Davidson

Kevin Davidson’s Answers

306 total


  • Chances of felony being dropped to a misdemeanor?

    I have a clean record. I am 23 years old and being charged in California for piracy. Its penal code 350(A)(2). I was selling burned Xbox 360 games on a DVD on craigslist and was set up. When I got caught I was selling 20 games for $70 so pretty mu...

    Kevin’s Answer

    You need to hire an experienced defense attorney IMMEDIATELY.
    You need to rely on professional experience, not "chance" in circumstances like these.
    Your chances of facing additional charges from "Tons of stuff downloaded" may be very high, as well.

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  • Can my landlord charge for carpet replacement? There was no attempt at cleaning.

    Moved out of an apt in WI after 4 years of tenancy. A month later I received a notice that I owe over $1,000 for additional cleaning as well as carpet replacement in the whole unit (this is after deducting my $500 security deposit). While I admi...

    Kevin’s Answer

    Attorney Knupp provided good coverage in answering your question. What constitutes reasonabe wear and tear is often the stuff of dispute when these types of cases are litigated.

    I would add that the requirement of an accounting of any deductions from your security deposit is not merely a requirement because it was recited in the lease agreement - it is a requirement under the Wisconsin Statutes and Administrative Code provisions governing landlord/tenant relations.

    The landlord's failure to comply with this requirement can have strong implications in your favor, including forfeiture of the security deposit and penalties.

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  • Do i need lawyer for my petty theft? what do i need to do to make it no cost and or lower the cost? i need some help please?

    alright so today i was at walmart and i did not mean to steal anything i did and got caught and i am sentence a court date and 303 dollar ticket from the cop and 170 ticket from walmart. im 16 and i never have doneanyting. im an b honors student c...

    Kevin’s Answer

    It is unclear what you mean by "I did not mean to steal anything I did and got caught," but if you have any potential defenses to the charges, that is where a lawyer can help.

    If you qualify, you may be able to obtain low cost or no cost representation in Wisconsin through the Wisconsin Bar's Modest Meas Referral Service, or through Legal Action of Wisconsin. Links below.

    WI Bar: http://www.legalexplorer.com/lawyer/lawyer-notafford.asp
    Legal Action of Wisconsin: http://badgerlaw.net/Home/PublicWeb/LAW

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  • We are selling a house that me and my sibling inherited

    We closed my parents trust account the house was put in all siblings names we decided to sell house put on market one of siblings died now we have a buyer and the sibling that died did not have a will.now the title of the house is pending because ...

    Kevin’s Answer

    The deceased sibling's name will have to be cleared from the title, likely through the probate court.

    A few questions: How many siblings? What is the exepected sale price of the house? What was don to settle the deceased siblings estate when she died?

    If the deacesed siblings entire estate (including the interest in the real property) was valued at less than $50K, then the name may be cleared with a transfer by affidavit.

    Either way, these are not items well suited to do-it-yourself instructions, as there are too many variables and technical requirements to ensue it is done properly.

    Consult with an experienced probate attorney in your area for help in completing the sale with a clear title.

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  • LLC

    How do i record a quit claim deed to my company so that my company can become the owner of my residence and rental home? is a quit claim the best strategy? if i only have the certificate of title, can i still do a quit claim for certificate of...

    Kevin’s Answer

    You will want to file the Quit Claim Deed with the register of deeds office in the county where the real properlty is located. You will want to check to ensure you are properly preparing the Quit Claim Deed and ensure all of the information is EXACTLY accurate.

    While a quit claim deed will transfer your interests in the property, many prefer a warranty deed, where the grantor(s) warrant that the grantee is recieivng good and clear title.

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  • I have a question on LLC. I want to put my car into the LLC to keep it different than in my personal name.

    How is the car classified as NOT mine. I would be the only member, so the company is 100% mine right? Reason for this is in the event of an car crash my personal assets are different. So by doing is is the car not mine, and the companies? ...

    Kevin’s Answer

    • Selected as best answer

    As Mr. Smith pointed out, there are limited protections you will gain by placing you automobile in a Single Member LLC (SMLLC). Courts in nearly every jurisdiction have demonstrated a willingness to pierce the SMLLC at the request of creditors.

    If the LLC is a legetimate business, but you own 100%, you control 100% and you have 100% rights to 100% of the profits and assets of the LLC, then there is no legal bar to a Court compelling you as the manager of the LLC to liquidate the LLC and distribute the assets to you, as the debtor, making those assets available for collection by the creditor.

    That's one side of the liability equation. Next, if you place your personal automobile into an LLC for the purpose of asset protection, and you use the automobile for 100% personal use - i.e. your transportation, you pay the automobile expenses, gas, car payments, maintenance, etc, out of your pocket, it will be fairly easy for a judgment creditor to convince the court to reach through the LLC to your personal assets for a liability arising from your use of the automobile under the alter ego theroy Mr. Smith pointed out. This theory in essence says that the LLC isn't really a company of its own, but merely an alter ego for you to attempt to shield liability.

    Generally, the courts are happy to find against a debtor if it appears that they have taken steps merely to evade liability. A properly designed and implemented asset protection plan needs to address these basic issues if it is to be successful in shielding anything from potential liabilities.

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  • I have a employment law discrimination case and court is coming up...

    the company has a parent company. how do i disclose the parent company so they are liable as well at court? what needs to be filed or done?????

    Kevin’s Answer

    What needs to be done is to retain an expereinced lawyer. Then he or she will file what needs to be filed. It is just not as simple as "do this" and sit back and wait for the win.

    If you have a case in court, then yu can rest assured that the company will do everything it can to prevail, and there is no room in the law for pro se litigants to claim "I didn't know."

    There are areas where attorneys can provide some general guidance and direction through a forum such as this, but on one can litigate a case for you through a "chat."

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  • What kind of trust is this?

    I am looking at doing a tax return for a trust, but I cannot figure out exactly the type. Husband and wife have a marital trust. Husband dies and second Family Trust is then established receiving 1/2 of what was in marital trust, with marital tr...

    Kevin’s Answer

    • Selected as best answer

    You didn't specify which trust you want identified. The original trust sounds like a pretty standard 'family trust' with a split resulting after the first grantor passes. There are several reasons for doing this, often having to do with preserving maximum federal exemptions for estate taxes.

    If the husband and wife were trustees and had direct access to the marital trust, that is a standard revocable trust. The survivor's trust (that half of the marital trust for which wife continues as trustee, is also a revocable trust, in most instances. Typically the second family trust that resulted from the first grantor's death is an irrevocable trust.

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